HomeMy Public PortalAboutORD-CC-1999-18ORDINANCE 99-18
AN ORDINANCE CREATING CHAPTER 17.69, OF TITLE 17, OF THE MOAB
MUNICIPAL ORDINANCE REGARDING SECONDARY DWELLINGS.
WHEREAS, the City Council, on the advice of the Moab City Planning
Commission deems that it is necessary to amend the Moab Municipal Code with respect
to Secondary Dwellings in the R-2, R-3, R-4 and RA-1 Zone.
NOW THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
SECONDARY DWELLINGS
Sections:
17.69.100 Intent
17.69.101 Area Requirements
17.69.102 Location Requirements
17.69.103 Regulations of Secondary Dwellings Within Residential Zones.
17.69.104 Yearly Review.
17.69.100 Intent. The intent and purpose of this section is to encourage secondary
dwellings, with occupancy space for one or two persons, as an affordable housing opportunity for
immediate family. Protecting the existing quality of life found in the R-2, R-3, R-4 and RA-1
residential zones throughout the community is of foremost importance. While preservation of
single-family dwellings is of paramount importance, increasing affordable housing opportunities
will benefit the community in its entirety. The following provisions are intended to facilitate
secondary dwellings while minimizing land use conflicts and environmental degradation.
17.69.101
the rear yard.
17.69.102 Location Requirements. The secondary dwelling shall be setback at least twelve
feet from the rear of the main dwelling and adhere to the required setbacks of the underlying
zone.
Area Requirements. Secondary dwellings shall not occupy more than 25% of
17.69.103 Regulations of secondary dwellings within residential zones: Any request for
secondary living quarters within residential zones shall be reviewed and approved by the
Planning Commission upon recommendation of the Zoning Administrator. The following criteria
must be established prior to Building Permit issuance:
(a) Size. The maximum size for secondary living quarters shall be no more than 600 square feet
with no more than one bedroom.
(b) Parking. One on -site parking space shall be provided in addition to the underlying parking
requirement. The parking space may be provided in tandem if the existing driveway length
exceeds thirty-five feet as measured from the property line. No parking shall be permitted in
the front setback area.
(c) Secondary Dwellings Per Lot. No more than one secondary dwelling may be located on a
lot.
(d) Property to Remain Undivided. Properties with secondary dwelling permits shall remain
recorded as one lot.
(e) Maximum Occupancy. The maximum occupancy of the secondary dwelling shall be no
more than two.
(f)
(g)
No Separate Leases. The owner of the property shall occupy one unit. The secondary
dwelling shall not be sold separately.
Deed Restriction. A deed restriction must be filed with the County Recorder which states:
"A permit for a secondary dwelling was issued to , the
current owner of this property on . This permit does not run with
the land and is automatically invalidated by the sale or transfer of this property. Prospective
purchasers should be advised that only one unit on the property may be rented; the other
must be occupied by the owner. Prospective purchasers who intend to reside in one of the
units on the property may apply to the Planning Department for a secondary dwelling
permit. If all of the conditions required by zoning have continually been met, a new permit
will typically be granted. The owner shall strictly adhere to the prohibition of the use of the
secondary dwelling as nightly or short-term rental.
(h) Nightly Rentals. Secondary dwellings are intended for long-term rental of six consecutive
months or more, to the same individual, and may not be used for nightly rentals.
17.69.104 One -Year Review. The permit for secondary dwellings shall be subject to a
yearly review by the Zoning Administrator. The review shall occur one year after issuance of the
secondary dwelling permit. The Zoning Administrator may revoke the secondary dwelling
permit for non-compliance with the criteria of this Chapter. The permittee may appeal the
determination to the Board of Adjustment, which will evaluate the Zoning Administrator's
determination of non-compliance and decide if the permit revocation should occur.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Moab in open
session this L*.day of ,1999.
This Ordinance shall take effect immediately upon passage.
CITY OF MOAB:
G i'?-/ 44./f1-r!a"if
Karla R. Hancock
Mayor of Moab City
Rachel Ellison
Moab City Recorder